I just received my third DUI on the 22 of november .... my first one was in august of 2001 how might this play out in court ...

Asked almost 2 years ago - San Francisco, CA

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Attorney answers (4)

  1. Leigh Gretchen Fleming

    Contributor Level 12

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    Answered . Well, a DUI is priorable only if it is within ten years, so it sounds like your 2001 conviction is outside that window. When was your second? If your first offense has in fact fallen off, you are looking at a second offense for the Novmeber 22 case, which is a minimum of ten days jail. Depending on the facts of your case, it will likely be more like 20 or 30, especially these days in San Francisco. For multiple offenses, I suggest you consult with an attorney as soon as possible. You should have an attorney with you for your arraignment in case there is a bail issue and/or an issue of monitored release. Also, you need to call the DMV, and request a hearing as soon as possible; you only have ten days.

  2. Michael Korry Bialys

    Contributor Level 13

    9

    Lawyers agree

    Answered . You should consult with counsel just to be safe. But if your first DUI was 11/01 than it is over ten years old and this DUI wouldn't be considered as a third from a sentencing. standpoint. BUT AGAIN to be safe consult an attorney ASAP. Your license and potential jail time is at stake!

  3. Gilberto Benito Vega

    Contributor Level 13

    8

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    Answered . I agree with the other attorney. The only concern would be that the dates are not as you remember and you may be within the 10 year period. The difference between a second and third DUI in San Fran. County is several weeks of added jail time. I practice in the San Fransisco area and would not mind giving you a free consultation. Good luck.

  4. Shawn Michael Haggerty

    Contributor Level 15

    6

    Lawyers agree

    Answered . CALL THE DMV SAFETY OFFICE IN YOUR AREA(ONLINE NUMBER) and make the appt. Then call an attorney.Good luck to you.

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